HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 11051 of 2026 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Heard learned counsel for the applicant and Sri Rupak Chaubey, learned A.G.A. for the State. Perused the record. 2. The present bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 112 of 2025, under Section 108 B.N.S., Police Station- Kharela, District- Mahoba during pendency of the trial. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. As per the postmortem report, cause of death could not be ascertained. Viscera was preserved and sent for chemical analysis. Viscera report is not part of the case diary. Further, as per the allegations in the first information report, the alleged video recording of the deceased and the material collected during the course of the investigation, the essential ingredients to constitute the offence under Section 108 B.N.S., are not made out against the applicant. Mere allegations that the applicant used to converse with the deceased over the mobile phone and exerted pressure upon her to marry him, in absence of any positive act of instigation, intentional aid, Versus Counsel for Applicant(s) : Ashok Kumar Mishra, Azad Khan, Mohammad Imran Khan, Sunil Verma, Yatish Kumar Dwivedi Counsel for Opposite Party(s) : G.A. Ramnaresh .....Applicant(s) State of U.P. .....Opposite Party(s) on the part of the applicant, would not by themselves constitute the offence of abetment to suicide. In support of his submission, counsel for the applicant has placed reliance on the judgements of the Hon'ble Supreme Court in the cases of Nipun Aneja and others vs. State of Uttar Pradesh (Criminal Appeal No. 654 of 2017) decided on 03.10.2024 and Abhinav Mohan Delkar vs. The State of Maharashtra and other (Criminal Appeal Nos. 2177-2185 of 2024) decided on 18.8.2025. The applicant is in jail since 3.1.2026 having no criminal history. Investigation has been completed and charge-sheet has been filed. In case he is enlarged on bail, he will not misuse the said liberty. 4. Learned A.G.A. for the State opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having heard counsel for the parties and having perused the record, this Court prima facie finds that the as per the postmortem report, cause of death could not be ascertained. Viscera was preserved and sent for chemical analysis. Viscera report is not part of the case diary. Further, as per the allegations in the first information report, the alleged video recording of the deceased and the material collected during the course of the investigation, the essential ingredients to constitute the offence under Section 108 B.N.S., are not made out against the applicant. There is no direct act attributable to the applicant that could be construed as instigation, conspiracy or intentional aid to the commission of suicide. The applicant has no criminal antecedents. The applicant has presently remained confined for almost nine month and there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant, Ramnaresh involved in the aforesaid case BAIL No. 11051 of 2026 2 be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that: i. the applicant shall not tamper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; iii. the applicant shall appear on each and every date fixed by the trial court. 7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. September 30, 2026 S.S. BAIL No. 11051 of 2026 3 (Vivek Varma,J.) Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad